· pdf filecontents . 9b.1 introduction ... 9b.4.1.1 area 1 - botany road ... note:...

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Part 9B - Botany South Botany Bay Development Control Plan 2013 (DRAFT Amendment 7) Enforced XX/XX/XXXX

Contents

9B.1 Introduction ....................................................................................... 3

9B. 1.1 Land to which this Part Applies ............................................................................................ 3 9B. 1.2 General Objectives ............................................................................................................... 4

9B.2 Existing Local Character .................................................................. 5

9B 2.1 Existing Local Character ..................................................................................................... 5 9B.2.2 Existing Allotment Sizes ....................................................................................................... 7 9B.2.3 Existing Land Uses ............................................................................................................... 7 9B.2.4 Existing Vegetation ............................................................................................................... 7 9B.2.5 Existing Setbacks ................................................................................................................. 7

9B.3 B7 – Business Park Zone .................................................................. 8

9B.3.1 Desired Future Character ...................................................................................................... 8

9B.4 B4 – Mixed Use Zone ....................................................................... 20

9B 4.1 Desired Future Character .................................................................................................... 20 9B.4.1.1 Area 1 - Botany Road .................................................................................................. 21 9B.4.1.2 Area 2 .......................................................................................................................... 30 9B.4.1.3 Area 3 - Aylesbury Street ............................................................................................ 39

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9B. 1 Introduction The Botany South Precinct is bounded by Botany Road to the south and west, Pemberton Street to the east and parts of Rochester, Cranbrook, Tenterden and Aylesbury Streets to the north (refer to Figure 1 ). The Precinct is zoned predominantly B7 Business Park, with a B4 Mixed Zoned around the periphery of the Precinct. The Precinct is surrounded by land zoned for residential purposes. The intention of the B4 zone within the Precinct is to act as a buffer between the B7 area and low density residential area and to enhance and protect the amenity of existing residential dwellings while encouraging the centre of the Precinct to be redeveloped with uses including creative industries, light industrial, warehouses and associated offices.

Figure 1 - Botany South Precinct

9B. 1.1 Land to which this Part Applies This Part applies to land identified in Figure 1 edged in green and must be read in conjunction with: Part 1 - Introduction Part 2 - Notification and Advertising Part 3 - General Provisions Part 4 - Residential Zones

Part 6 - Employment Zones Part 7 - Other Development Types and Land Uses

Note: Development within the Precinct must comply with the all other applicable Parts of the DCP. If there is a discrepancy between Part 9B and other Parts the Desired Future Character and Controls of Part 9B will always prevail.

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9B. 1.2 General Objectives

O1 To encourage new light industrial, business park development, commercial development and

associated offices which are compatible with the capacity of the road network in the Precinct;

O2 To ensure that future development contributes to the creation of a high quality landscape environment in the Precinct;

O3 To retain existing trees within the streetscape;

O4 To encourage developments which do not require large transport vehicles;

O5 To mitigate the visual and environmental impact of external activities;

O6 To encourage low scale mixed use development with medium density housing and a range of compatible vibrant uses such as shops, professional offices, and studio/workshops which are not impacted by adjoining industrial and commercial uses and that do not impact on adjoining and adjacent residential amenity;

O7 To ensure proposed development in the B4 Zones is designed to minimise the impact of noise

and vibration from uses with the B7 zone;

O8 To provide a buffer between residential and non-residential uses and zones in the form of landscaping and building design;

O9 To protect existing public stormwater drainage assets; and

O10 To minimise impact of flooding to the developments, nature environment and built up areas.

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9B.2 Existing Local Character

9B 2.1 Existing Local Character 1 The Botany South Precinct is generally bounded by residential uses and Botany Road to the west and south. The Precinct is characterised by a mixture of landholdings and subdivisions. The existing subdivision pattern varies from larger lots in the east (along Sir Joseph Banks and Pemberton Streets) to smaller fragmented industrial lots in the south and southwest (Botany Rd, Salisbury St, Rochester St, Margate St, Tenterden Rd, Hannon St, and Luff St). There is some housing interspersed with industrial uses through the precinct (predominately in the south west). The precinct is currently affected by two major trunk drainage systems. One of them is the Council’s stormwater open channel/culvert coming from the residential area between Tenterden Road and William Street, north of Aylesbury Street. This trunk drainage system runs south into the precinct onto the middle section of Aylesbury Street and Clevedon Street, then continues through the properties between Pemberton Street and Sir Joseph Banks Street and joins the existing Council’s open stormwater channel from Pemberton Street, south of 21 Pemberton Street. After that, it turns south under Sir Joseph Banks Street onto Botany Road and into Botany Bay via Livingstone Avenue and Sir Joseph Banks Park. The other major stormwater open channel/culverts in the precinct is Sydney Water’s stormwater open channel/culverts (SWC No. 16), which begins from the existing Council’s stormwater open channel at the intersection of Sir Joseph Banks Street and Hannon Street. It runs along the northern side of Hannon Street and then turns north-west onto Tenterden Road and Cranbrook Street. At the rear of 2A Salisbury Street, the open channel splits into two stormwater culverts, where one continues north-west to Rochester Street and exits the precinct at 1477 Botany Road onto Botany Road. The system finally combines with other stormwater drainage trunk systems at the open channel north of Bay Street. The other culvert, in contrast, runs along south of Cranbrook Street to the intersection of Cranbrook Street and Botany Road. This culvert then leaves the precinct in the south-westerly direction to Chelmsford Street, Sandgate Street, Folkestone Road to Botany Bay via Sir Joseph Banks Park. Building types in the Precinct range from smaller unmodulated boxes of brick and corrugated sheeting to very large buildings designed for manufacturing. Many buildings address the street with only a blank wall and large roller door. Newer buildings relate better to the street with offices overlooking the public domain. Some of the largest lots have vast unbuilt areas, currently used for purposes such as container storage. The larger landholdings tend to have more areas of landscaping in their private domain while the smaller lots generally use the front setback for the manoeuvring of vehicles and parking. There are some very large trees lining the streets in the B7 – Business Park zone. In many cases the trees are significantly larger than the buildings (which tend to be no higher than the equivalent of three residential storeys). Generally these large trees are located in the public domain. Front setbacks vary in this area; some streets have consistent setbacks while others vary from a metre to over 15 metres in the same block. Where street planting is dense, this pattern is harder to read as the trees define the street edge rather than the buildings.

1 Botany South Industrial Study – Final Report, December 2003, SGS Economics and Planning

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Due to the long industrial history of this Precinct, a number of issues have evolved over time that have made the operation of some businesses poor and created ongoing issues with residents and other businesses. These issues include: irregular subdivision pattern, small lots sizes and fragmented landownership, conflicts in traffic and pedestrian access, inadequate off and on street parking facilities and servicing, inadequate space for vehicle manoeuvring, poor onsite storage, noise and odour from operations, inadequate road network (including width of roads) for manoeuvring of trucks, poor built form and public domain. Some sites do not appropriately cater for the required vehicular access (trucks) for their use. Hence, heavy vehicles that need to access the streets within the Botany South Precinct would have difficulty manoeuvring, as the road carriageway widths do not provide sufficient space to make a turn. The large amount of heavy vehicles using these roads has a significant impact on many of the streets in the Precinct. There appears to be a relatively clear distinction between the industrial zoned area and residential areas located to the north. Residential areas are characterised by formal street tree planting, while the industrial area is much less formal and more scattered. The area does however maintain a “green” streetscape quality, though this is contributed to significantly by landscape provided within the frontage areas of individual properties. Council has consistently restricted the size of delivery vehicles in all development consents issued to medium rigid vehicles. The Precinct is within the 20 to 25 and 25 to 30 ANEF Countours. The key differentiating features characterising the Botany South Precinct are: Excellent road access to the CBD but also to the south west; Smaller freehold sites favoured by many smaller manufacturers; Higher than usual level of local trading; and High level of business spirit.

Constraining factors include: The Precinct is surrounded by and contains scattered residential dwellings which have resulted in

complaints from residents and constraints on operating times; Poor building quality with low clearance levels; Limited off-street parking; Limited public transport; and No room for expansion.

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9B.2.2 Existing Allotment Sizes The majority of allotments within the Precinct are less than 2,500m², and a significant proportion of these below 1,000m². The most common lot size within the area is between 250m² and 500m². This creates particular issues with respect to development, access and operation, which are distinct from the perceived nature of industrial development in Botany. Smaller lots are occupied by a wide range of uses but automotive related, construction related, metal manufacturing and specialty manufacturing account for over half of the non-residential uses of lots under 500 m². Lots between 500m² and 2,500m² are widely distributed across the Precinct. Again automotive related, construction related, metal manufacturing and specialty manufacturing are significant but not as dominant as on smaller lots. Larger lots (over 2,500 m²) are used by the large textile manufacturers and associated uses and transport and storage uses. The latter in particular are heavy generators of traffic. Generally the larger lots are associated with wider streets and better access. Many of the large lots in this area have both front and rear access, providing opportunities for drive through circulation although this pattern of use is not widely evident. 9B.2.3 Existing Land Uses The most common land uses in Precinct are motor vehicle retailing and services, with 17% of businesses in the area being motor vehicle retailing and service businesses occupying 10% of the land used for occupied industrial uses. There are 34 automotive panel beaters and vehicle service centres, ranging from truck servicing to luxury European car servicing. Residential Dwellings within the Precinct are mostly clustered on the periphery rather than being mixed within the non-residential uses. Only a handful could be regarded as ‘embedded’ non-residential uses. Due to the conflicts between residential and non-residential use, implications have arisen on the operation of non-residential premises. 9B.2.4 Existing Vegetation There appears to be a relatively clear distinction between the Precinct and residential areas located to the north. The residential areas are characterised by formal street tree planting, while the Precinct is much less formal and more scattered. The Precinct does however maintain a “green” streetscape quality, though this is contributed to significantly by landscape provided within the frontage areas of individual properties. 9B.2.5 Existing Setbacks Significant setbacks are present within the Precinct with a clear distinction between traditional residential uses and non-residential uses. Residential Dwellings possess large front gardens, while in non-residential areas frontages are utilised as hardstand, generally as a result of the constraints imposed by site size and lot frontage.

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9B.3 B7 - Business Park Zone 9B.3.1 Desired Future Character The B7 zone within the Botany South Precinct is anticipated to develop into a high quality business area with a mix of light industrial, creative industries, commercial, business and warehouses. It is anticipated that larger sites will contain business parks with a mix of uses and associated offices. New works in the public domain will be required such as landscaping and pedestrian corridors to improve the amenity of the Precinct and encourage pedestrian movement. The redevelopment of this area is to provide services and employment for the surrounding residential and maintain smaller lots which are characteristic of the Precinct and required for particular uses. While maintaining some small lots is integral in the future redevelopment of the area, site consolidation may be required to occur to enable improvement to the public domain, increased public car parking and traffic management and the creation of pedestrian links. The Objectives and Controls for the Desired Future Character for Botany South Precinct - B7 Zone are as follows:

Objectives

O1 To encourage new light industrial, business park development and commercial development and associated offices in the Precinct which are compatible with the capacity of the road network in the area;

O2 To encourage live/work in the form of caretakers units as ancillary to permitted uses;

O3O2 To retain an employment base in the area which provides flexibility and encourages initiatives to create a unique and innovative working environment;

O4O3 To ensure that future development contributes to the creation of a high quality landscape

environment in the Precinct;

O5O4 To retain existing trees both inside and outside the site and provide suitably proportioned areas of well designed landscaping on each development site;

O6O5 To encourage pedestrian access through the Precinct, through more permeable street block

and promote through site links for pedestrian access at the time of redevelopment;

O7O6 To encourage sustainable objectives through environmentally responsible architectural design and function;

O8O7 To encourage developments which do not require large transport vehicles;

O9O8 To mitigate the visual and environmental impact of external activities;

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O10O9 To ensure energy efficiency through the design and siting of buildings;

O11O10 To ensure that developments are environmentally sustainable in terms of energy and water

use and management of waste and discharge;

O12O11 To ensure the drainage of the Precinct is not detrimentally impacted and property is protected;

O13O12 To protect existing public stormwater drainage assets; and

O14O13 To minimise impact of flooding to the developments, nature environment and built up areas.

Controls

C1 No new residential dwellings houses are permitted within the B7 Zone though existing residential uses may be maintained and enhanced (refer to Clause 6.12 - Part 6 of BBLEP 2013). Note: Caretaker Dwellings which are ancillary to thean approved business or industrial use ofon the sidesite are permitted (refer to Part 6.3.19 - Caretaker Dwellings).

C2 Residential alterations and additions relating to C1 must: (i) Improve the appearance of buildings; and (ii) Improve the interface and amenity with non-residential uses.

C3 Development shall include significant vegetation planting within the allotments and existing significant vegetation is not permitted to be removed.

C4 Developments within the precinct shall submit a detailed Flood Study/Assessment for 1 in 100 year average recurrence interval (ARI) design storm events and probable maximum flood (PMF). The Flood Study/Assessment is to be prepared by a suitably qualified and experienced civil engineer.

C5 Development shall be designed and constructed in accordance with Australian Standard AS 2021

(Acoustic Aircraft Noise Intrusion-Building siting and Construction). Note: Details to be included in the Development Application. For further details in relation to Aircraft Noise refer to Part 3J - Development Affecting Operations at Sydney Airport.

C6 The introduction of noise abatement measure to achieve compliance with current AS 2021 must be done in a manner that does not compromise the architectural design of a building or impact on the character of an existing streetscape.

C7 All development that is in, or immediately adjacent to a busy road must be designed in accordance with NSW Department of Planning ‘Development Near Rail Corridors and Busy Roads - Interim Guidelines, December 2008’.

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C8 Hours of operation for the use of a site will be restricted by Council, if it is at all likely that the use

will cause an impact on any adjoining or adjacent residential development.

C9 All DAs for noise generating uses are to be accompanied by documentation from a qualified Acoustic Engineer certifying that the acoustic standards can be met. Noise mitigation measures around machinery and property are to be submitted with the DA. Refer to Part 6.3.212 – Noise & Hours of Operation & to the NSW Infrastructure SEPP noise requirements for more information.

C10 New non-residential development is to be designed so that noise producing activities are remote

from any residential boundary.

C11 The emission of noise from any new development is to comply with the NSW EPA Industrial Noise Policy and Council’s adopted noise criteria.

C12 Any levels of noise generated from the operations or vehicles associated with the development is to be compatible with adjoining non residential uses and the requirements of the NSW EPA Environmental Criteria for Road Traffic Noise and Council’s adopted noise criteria.

Amalgamation and Subdivision

C13 Development must retain some small lots and encourage amalgamation where appropriate.

C14 Lot boundaries shall retain the existing linear pattern.

Building and Site Layout

C15 Front setbacks on narrow lots will be considered on their ‘merits’ with consideration of:

(i) Access and parking; (ii) Appropriate landscaping; (iii) Location of non-industrial uses (ie. Office sections); and (iv) Presentation to the street.

C16 On small frontage sites, buildings (including alterations and additions) may align to the side boundary in all locations except where a residential use is adjoining (refer to Figure 2).

C17 Narrow frontage sites may locate driveways and loading areas along one boundary but only if the boundary does not adjoin a residential use (refer to Figure 2).

C18 The layout and orientation of buildings on lots greater than 1,000m² shall be in a manner that

minimises lengthy or deep areas of car parking along the street frontage (refer to Figure 3).

C19 Development shall avoid long blank walls facing the street and when adjoining residential uses.

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C20 Offices are to be located to address the street and provide an active street presentation.

C21 Floor space is to be distributed on the site to ensure the scale of the building reinforces the role of the street.

C22 Buildings are to be arranged and aligned to create a pleasant working environment.

C23 Internal spaces are to be designed to satisfy the operational requirements of the particular land

use whilst providing a safe and convenient working environment.

Figure 2 - Site Configuration

Note: If the site adjoins a residential use then the setback is required to be increased. Note: Landscaping not depicted on the figure.

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Figure 3 - Site Configuration

Design

C24 The design of buildings and alterations and additions are to be flexible to cater for different future uses of the building by providing high ceilings and adaptable open planning for the ground and first floor.

C25 Where non-residential development adjoins any land zoned for residential purposes or any premises used for residential purposes, the external walls abutting such development must be constructed in 230mm or 280mm cavity brickwork. Where such walls adjoin land zoned for residential purposes, construction must be in face brickwork.

C26 New buildings and alterations and additions, within close proximity to residential uses are to be designed to minimise any adverse effects on the amenity of residential areas by way of overshadowing, overlooking, lighting, dust, noise or fumes.

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Setbacks

C27 Setbacks are to be in accordance with Table 1.

Table 1 - Setbacks

Boundary Landscaping Setback Building Setback

Front 3m Merit (Min 6m and 9m for large lots)

Side Nil to 3m Nil to 3m

Side - adjoining a Residential Use

3m 3m

Rear 3m 3m

Rear - small narrow sites

Nil Nil

Rear - adjoining a Residential Use

3 m 3m

Vehicle Access

C28 No vehicles larger than a Medium Rigid Vehicle are permitted to access the Precinct.

C29 For narrow or small lots, car parking requirements will be based on a merit assessment and may require a traffic assessment. Sites which are proposed to be redeveloped are required to provide car parking on site in accordance with Part 3A - Car Parking.

C30 Visitor parking shall be located convenient to administration and office areas.

C31 For narrow and small lots an area for delivery vehicle access/manoeuvring may be provided within the front setback in order to allow such vehicles to enter and leave in a forward direction provided the minimum landscape requirements are met (refer to Figure 4 and Table 1).

C32 Where there is a cluster of narrow lots, access driveways should be paired so that adjacent

properties locate driveways side by side (refer to Figure 5).

C33 Truck movements are to be limited along the proposed pedestrian routes (refer to Figure 6) to accommodate and encourage pedestrian movement.

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Figure 4 - Vehicle Access and Manoeuvring

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Figure 5 - Vehicle Access and Landscaping

Figure 6 - Pedestrian Routes within the Precinct

Source: Botany South Industry Study, Architectus, 2003

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Landscape

C34 A Landscape Zone is to be provided adjacent to the front property boundary of no less than 3

metres in width (refer to Table 1). The zone is to accommodate canopy trees to screen and soften buildings and shade parking areas, underplanted with screen planting/hedging up to 1.2 metres in height (refer to Figure 7). These areas are to be mass planted areas of screen or buffer landscaping using a layered planting design (refer to Part 3L - Landscaping and Councils Landscaping Technical Guidelines for Development Sites in Part 10 – Technical Guidelines).

C35 Existing trees, including Council street trees and trees on neighbouring properties, are to be retained and adequate provision allowed for protection of the primary root zone and canopy when locating new buildings, driveways and parking areas (refer to Part 3F - Tree Management).

C36 The side boundary returns within the front setback and forward of the building alignment must be landscaped (refer to Table 1) to integrate the setback landscaping with the buildings on the site.

C37 For existing and new buildings, Council may require landscape improvement or enhancement of existing landscaping or the public domain through provision of:

(i) Street trees; (ii) Planter tubs/pots; (iii) New paving; (iv) Street furniture; (v) A specific streetscape planting scheme; (vi) Maintenance of the existing streetscape, and (vii) Reinstatement of landscaping on site in accordance with a previously approved landscape

plan.

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Figure 7 - Treatment within the Landscape Zone

Flooding

C38 No structures shall be built over Sydney Water or Council stormwater drainage system/easements.

C39 Any structure foundations of the development shall extend to at least 1m below the invert of the existing public stormwater drainage assets.

C40 Finished floor levels of the habitable buildings/structures and non-habitable buildings/structures (including garage, ramps to the basement car parking area etc.) shall be minimum 500mm and 300mm above the 1 in 100 year flood level respectively.

C41 Structures/filling shall not be placed within the flood extent unless suitably and adequate mitigation measures have been proposed and implemented. These measures will require approval from Council.

C42 No structures/filling shall be allowed to obstruct the 1 in 100 year flood level.

C43 Flood storage within the site shall be maintained before and after the development.

C44 The boundary fence in the flood extent shall be open type fencing to allow unimpeded passage of overland floodwater.

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Storage Areas

C45 Storage areas are encouraged to be located within the primary building.

C46 Open storage areas visible from the public domain are prohibited.

C47 Where materials are to be stored outside the primary building, the storage area’s are to be fully

enclosed with solid fencing, surrounded by mature vegetation and location abutting the primary building.

C48 Storage areas are not permitted adjacent or adjoining residential dwellings or zones (including the B4 Mixed Use Zone).

C49 Open storage areas shall not compromise truck or vehicle manoeuvring and car park areas.

C50 Ancillary buildings and storage shed are to be located behind setbacks and front buildings line and must be consistent with the design of the primary building to provide cohesion to the appearance of the development.

C51 Details of proposed ancillary buildings, open storage, service areas, solid liquid waste storage and collection areas are to be provided with any Development Application.

C52 All businesses are encouraged to include in their waste contracts provision for the collection and

recycling of high grade and low grade office paper, batteries, equipment containing painted circuit boards, computers, florescent tubes, and other recyclable resources.

C53 If more than 10m³ of uncompacted waste and recycling is likely to be generated per day, the central waste and recycling room is to be separated from the good receiving dock, and waste is to be collected in a compaction unit.

C54 The following information must be provided at Development Application stage for outdoor storage areas: (i) Size of the outdoor storage area; (ii) Maximum storage height; (iii) Types of good, materials and equipment being stored outdoors; and (iv) Details of landscaping and screening structures.

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Entrance Treatment

C55 Entries to Business Parks and individual buildings shall be clearly visible and well signed posted

for pedestrians and motorists (refer to Figure 8).

C56 Architectural features are to be provided at ground level giving an entrance element to the building and addressing the primary street frontage.

C57 All entrance treatments, such as directory boards must be located on private property, with appropriate positive covenants and restriction on the title to ensure the ongoing management and maintenance of such treatments.

Figure 8 - Examples of Entrance Treatments

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9B.4 B4 - Mixed Use Zone

Figure 9 - Areas within the B4 Zone

9B 4.1 Desired Future Character The B4 zone within the Botany South Precinct is anticipated to develop into a high quality area of mixed uses featuring medium density housing, low impact commercial and business uses and creative industries. New works in the public domain will be required such as landscaping and pedestrian corridors to improve the amenity of the Precinct and encourage pedestrian movement and live/work opportunities. The redevelopment of this area is to provide a transition from non-residential to surrounding residential uses with the intention of buffering any adverse amenity issues created within the B7 zone. New residential uses within the B4 - Mixed Use zone need to ensure that through site layout and building design any impacts from the B7 zone are adequately mitigated. This Area is affected by 20 to 25 and 25 to 30 ANEF Contours and road traffic noise. The Mixed Use Zone area has three distinct areas (Areas 1, 2 and 3) with varying interfaces and Desired Future Characters.

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9B.4.1.1 Area 1 - Botany Road Area 1 fronts Botany Road to the south, adjoins land within the B7 zone to the north and low density residential dwellings to the south. In Area 1 residential is not permitted at ground floor. The ground floor of development must contain a complementary non-residential use that is permissible within the B4 Zone. In this regard please refer to Clause 6.15 of the Botany Bay Local Environmental Plan 2013 and its Active Street Frontages Map. The compatibility of mixing certain uses together must be considered, in conjunction with the design of such development, to ensure acceptable amenity for different uses and to ensure that development provides a transition from the B7 zone to low scale residential uses. The Objectives and Controls for the Desired Future Character for Botany South Precinct: B4 Zone - Area 1 are as follows:

Objectives

O1 To encourage live/work opportunities;

O2 To encourage improvements to the Public Domain;

O3 To ameliorate conflicts on the interface between the non-residential and residential uses;

O4 To encourage low scale mixed use development with residential at first floor and a range of compatible vibrant uses such as shops, professional offices, and studio/workshops at ground floor, which are not impacted by adjoining industrial and commercial uses and that do not impact on adjoining and adjacent residential amenity;

O5 To ensure that proposed development is designed to minimise the impact of noise and vibration from uses with the B7 zone;

O6 To retain existing trees both inside and outside the site and provide suitably proportioned areas of well designed landscaping on each development site;

O7 To provide a buffer between residential and non-residential uses and zones in the form of building design and through high quality landscaping;

O8 To create a focus for a wide variety of businesses that offer employees and visitors a lively and attractive environment, becoming more than just a ‘place of work’ but one that compliments and connects business activities with each other;

O9 To promote and encourage a high design quality of buildings;

O10 To provide a high level of pedestrian amenity and create a vibrant and safe precinct;

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O11 To promote the amalgamation of small sites to deliver better quality development and adequate

on-site parking;

O12 To limit access points from Botany Road;

O13 To encourage the provision of parking, vehicular access and servicing areas that provide a buffer between residential and non-residential uses and pleasant, safe and provide shared working environment;

O14 To ensure the protection and viability of the Botany Local Centre and Banksmeadow Neighbourhood Centre;

O15 To ensure the drainage of the Area is not detrimentally impacted and property is protected;

O16 To ensure non residential development is sympathetic with the streetscape character and maintains the amenity of surrounding residential development;

O17 To protect existing public stormwater drainage assets; and

O18 To minimise impact of flooding to the developments, nature environment and built up areas.

Controls

General

C1 The ground floor of development must contain complementary non-residential uses permissible in the B4 zone. Residential uses are only permitted at first floor and above. In this regard please refer to Clause 6.15 of the Botany Bay Local Environmental Plan 2013 and its Active Street Frontages Map.

C2 The amenity of residential development shall not be impacted upon by non-residential uses. The following will be considered by Council: (i) Scale and size; (ii) Floorspace ratio; (iii) The size and number of vehicle movements; (iv) Noise; (v) Air and water pollution; (vi) Hours of operation; and (vii) Any other negative environmental impact.

C3 Residential development must be designed so that it will not be detrimentally impacted by any

non-residential uses in the vicinity.

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C4 Residential alterations and additions must: (i) Improve the appearance of buildings; and (ii) Improve the interface and amenity with non-residential uses.


(Acoustic Aircraft Noise Intrusion-Building Siting and Construction). Note: Details to be included in the Development Application. For further details in relation to Aircraft Noise refer to Part 3J - Development Affecting Operations at Sydney Airport.


C7 All development that is in, or immediately adjacent to Botany Road must be designed in accordance with NSW Department of Planning ‘Development Near Rail Corridors and Busy Roads - Interim Guidelines, December 2008’.

C8 Internal habitable rooms of dwellings within the B4 Mixed Use Zone which are affected by high

levels of external noise are to be designed to achieve internal noise levels of 50dBA maximum. Development Applications which contain residential accommodation are to be accompanied by a noise assessment prepared by a qualified acoustic consultant addressing the following:

i. address the noise requirements of the NSW Infrastructure SEPP in terms of road traffic noise;

ii. address the requirements of Part 4A, 4B or 4C (Acoustic Privacy controls), depending on the type of residential accommodation proposed;

iii. conduct detailed site attended audits during the day, evening and night periods to identify and assess noise from activities associated with the B7 Zone;

iv. assess noise from ground activities including aircraft take-off's and landing's at Sydney Airport referenced to each floor of the proposed building;

v. Where the height of the proposed development is higher than the existing height of the localised building stock (and the proposed development has a direct line of sight to the seaport) the acoustical assessment is to take into account noise from the operations of Port Botany;

vi. confirm noise exposure levels for each floor of the proposed residential building; vii. and confirm building noise controls for internal noise levels to satisfy the

recommended noise criteria.

Amalgamation and Subdivision

C9 Amalgamation of sites is encouraged to reduce the number of access points from Botany Road.

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Change of Use

C10 A change of use must not result in a significant impact on adjoining or nearby properties, in

particular adjoining residential uses or on traffic movements within the locality.

C11 A change of use must comply with the Desired Future Character of the area.

C12 Where existing landscaping is below the standard identified in the DCP, the existing area of landscaping shall where possible be upgraded to the standard specified in the DCP (refer to Part 3L - Landscaping).


C13 New residential buildings shall be designed to accommodate and minimise any adverse

effects on the amenity of residential areas by way of overlooking, lighting, dust, noise or fumes from adjoining uses.

C14 Car parking, landscaping and non-residential uses are to be located at the rear of the property to provide buffer between the B4 and B7 zones (refer to Figure 10).

C15 On small frontage sites, buildings may align to the rear and side boundary in all locations except where a residential use or zone adjoins.

Figure 10 - Buffer between B4 and B7 Zones

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Setbacks

C16 Setbacks are to be in accordance with the Table 2.

Table 2 - Setback in Area 1

Boundary Landscaping Setback

Building Setback

Front 4m 7m

Side Nil to 1.5m Nil to 1.5m

Side – adjoining a Residential Use/zone

3m 3m

Rear Nil to 3m Nil to 3m

Rear - adjoining a Residential Use/zone

3m 6m

C17 Building setbacks must form a continuous and consistent alignment.

Note:

• Awnings and verandas along classified roads should be set back a minimum of 1.5 metres from the kerb;

• Awnings and verandas along local roads that intersect with classified roads should be set back a minimum of 1.5 metres from the kerb for a distance of up to 100 metres from the intersection with the classified road; and

• At any signalised intersections (on local roads or classified roads), awnings and verandas should be set back a minimum of 1.5 metres from the kerb for a distance of up to 100 metres from the signalised intersection.

Parking and Vehicle Access

C18 Access driveways should be paired so that adjacent properties locate driveways side by side to

reduce the number of access points.

C19 Any carparking spaces allocated for residential purposes are to be located at the rear of sites to provide a buffer from the B7 zone.

C20 The provision of car parking must comply with Part 3A - Car Parking.

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Flooding

C21 No structures shall be built over Sydney Water or Council stormwater drainage

system/easements.

C22 Foundations of development shall extend to at least 1m below the invert of the existing public stormwater drainage assets.

C23 Finished floor levels of the habitable buildings/structures and non-habitable buildings/structures (including garage, ramps to the basement car parking area etc.) shall be minimum 500mm and 300mm above the 1 in 100 year flood level respectively.

C24 Structures/filling shall not be placed within the floodways or overland flow paths unless suitable and adequate mitigation measures have been proposed and implemented. A flood study may be required to be lodged with the DA to support the mitigation measures.

C25 No structures/filling shall be allowed to obstruct the 1 in 100 year flood level.

C26 Flood storage within the site shall be maintained before and after the development.

C27 The boundary fence in the flood extent shall be open type fencing to allow unimpeded passage of overland floodwater.

Landscaping

C28 A suitable area of dense landscape planting is required in the rear setback to provide a buffer

between the B4 and B7 zones including landscaping of car park areas to achieve a high level of amenity which will screen the development from residential areas. Details of the proposed planting are to be provided on a landscape plan to be submitted with the Development Application.

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Fences

C29 Fences are not in encouraged within the Area as fencing is not a typical characteristic of the area.

C30 If fences are required they shall be not higher than Table 3.

Table 3 - Fence Height in Area 1

Use Fence Height

Residential 1 m

Non- Residential

1.5m (over 50% must be transparent)

Residential Component

C31 The residential component of development must comply with the relevant sections of Part 4 - Residential Development. Note: Part 4B.5.1 - Dwelling Mix, Room Size and Layout for Multi Dwelling Housing and Part 4C.5.1 - Dwelling Mix, Room Size and Layout for Residential Flat Buildings.

Mixed Use Development

C32 The ground floor level of a mixed use development that relates to the active street frontage must

be predominantly used for commercial uses or other street activating uses.

C33 A Plan of Management (POM) may be required where non-residential uses are proposed within a mixed used development or in proximity of a residential land use. The Plan of Management (POM) is a written report which describes how the ongoing operation of non-residential uses will be managed to reduce its impact upon the amenity of surrounding properties. The POM allows Council to exercise control over the ongoing operation of a premises by requiring, as a condition of consent, that the premises operate in accordance with the POM. A condition of consent may require that a POM be regularly revised and submitted to Council. The POM must provide all details relevant to the operation of the premises. As a minimum the following must be included:

(i) Title; (ii) Objectives;

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(iii) Operational details; (iv) Hours of operation; (v) Staffing details; (vi) Guidelines for staff for using the site facilities and equipments; (vii) Deliveries and loading/unloading; (viii) Managing customers or patrons; (ix) Security details; (x) Noise Impact Assessment; (xi) Shadow Analysis; (xii) Complaint recording and handling process; and (xiii) The review process to continuously improve the POM.

C34 The traffic movements, hours of deliveries, use of parking areas and garbage collection must be

managed through the POM where non-residential uses are close to residential premises. Where significant amounts of traffic are likely to be generated which could affect residential areas or residential zoned land, schedules of vehicle movements and their routes must be provided and may be regulated in conditions of consent.

C35 Loading and unloading must not to detract from the amenity of nearby residential uses. Where loading and unloading movements are likely to affect residential areas or residentially zoned land, schedules of vehicle movements and their routes must be provided in the POM and may be regulated through conditions of consent.

C36 New development is to be designed so that noise-producing activity is remote from the interface boundary. New manoeuvring areas and parking areas facing existing residential areas are not permitted due to noise resulting from such activities.

C37 Site lighting for building security and staff safety must be directed so as to not cause annoyance to neighbours, residents or glare to passing motorists.

C38 Walls of buildings adjacent to residential uses are to make use of non-reflective colours and materials to avoid glare on residential areas (especially balconies). The walls are to be treated to aesthetically as well as acoustically. Window placement and/or tall trees should be considered as ways to protect privacy, reduce noise and light pollution.

C39 Where a site contains or adjoins a residential use or property, Council shall require the applicant to provide shadow diagrams prepared by a suitably qualified person. These shadow diagrams shall: (i) Show the shading effects of a proposal on adjoining residential properties or the public

domain; (ii) Be based on a survey of the site and adjoining development; and (iii) Be prepared at 9.00 a.m, 12.00 noon and 3.00 p.m. at 21st June (winter solstice).

C40 Where the windows of habitable rooms and the private open space of adjoining dwellings already receive sunlight, they shall receive a minimum of 2 hours of sunlight between 9.00 a.m. and 3.00 p.m. during 21st June.

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Note: Council will refer a contentious Development Application or one that involves an extension to the trading hours of a licensed premises to a Resident Consultative Committee or where there have been a significant number of objections received as a result of exhibition and/or notification of the Application. Both the Applicant and the Objectors will be invited to attend. The purpose of the Committee is to address the issues raised by residents in an open forum.

C41 Any commercial car parking must be conveniently located and identified.

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9B.4.1.2 Area 2 Area 2 contains land which adjoins both non-residential uses and low scale residential dwellings. It is anticipated that the Area will provide a transition between the uses. Any residential development within the Area must mitigate any potential impacts from the uses within the B7 zone and not detrimentally impact on any existing adjoining residential dwellings. The Objectives and Controls for the Desired Future Character for Botany South Precinct: B4 Zone - Area 2 are as follows:

Objectives

O1 To encourage live/work opportunities;

O2 To ensure development encourages a mix of uses that co-exist and provide a transition from non-residential uses to residential uses though development which emits low levels of noise, provides high level of privacy for residential and minimises operating hours;


O4 To ameliorate land use conflicts on the interface between the non-residential and residential uses;

O5 To ensure development is environmentally compatible and respects the non-residential and residential uses;

O6 To ensure proposed development is designed to minimise the impact of noise and vibration from uses with the B7 zone;

O7 To promote and encourage a high design quality of buildings;

O8 To manage the transition in building use and scale from low-scale residential, multi use areas and business park uses;

O9 To provide a high level of pedestrian amenity and create a vibrant and safe precinct;

O10 To ensure that future development contributes to the creation of a high quality landscape environment in the Precinct;


O12 To ensure the protection and viability of the Botany Local Centre and Banksmeadow Neighborhood Centre;

O13 To ensure the drainage of the Area is not detrimentally impacted and property is protected;

O14 To maintain the scale of streets as incremental change occurs; and

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O15 To ensure building setbacks achieve a comfortable street environment through the provision of

sunlight, scale, sense of enclosure and landscaping.

Controls

General

C1 The ground floor of development must contain complementary non-residential uses permissible in the B4 zone. Residential and live/work is encouraged at first floor and above.

C2 Where development adjoins or is adjacent to residential uses the development must not detrimentally affect the amenity of residential uses by way of: (i) Scale and size; (ii) Floorspace; (iii) The size and number of vehicle movements; (iv) Noise; (v) Air and water pollution; (vi) Hours of operation; and (vii) Any other negative environmental impact.

C3 Where residential development is proposed to adjoin the B7 zone, the proposed development must be designed and demonstrate that it will not be detrimentally impacted by any non-residential uses in the vicinity.

C4 Residential alterations and additions must: (i) Improve the appearance of buildings; and (ii) Improve the interface and amenity with non-residential uses.


(Acoustic Aircraft Noise Intrusion-Building siting and Construction). Note: Details to be included in the Development Application. For further details in relation to Aircraft Noise refer to Part 3J - Development Affecting Operations at Sydney Airport.

C6 The introduction of noise abatement measures to achieve compliance with current AS 2021 must be done in a manner that does not compromise the architectural design of a building or impact on the character of an existing streetscape.

C7 All development that is in, or immediately adjacent to, the rail corridor or a busy road must be designed in accordance with NSW Department of Planning ‘Development Near Rail Corridors and Busy Roads - Interim Guidelines, December 2008’.

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C9 New residential buildings which adjoin the B7 zone should be designed to accommodate and minimise any adverse effects on the amenity of residential areas by way of overlooking, lighting, dust, noise or fumes.

C10 On small frontage sites, buildings may align to the rear and side boundary in all locations except where a residential use or zone adjoins.

C11 Development shall avoid long blank walls facing the street and adjoining residential uses.

C12 Floor space is to be distributed on the site to ensure the scale of the building reinforces the role of the street and buildings are arranged and aligned to create a pleasant working environment.

C13 Site planning is to allow for the retention of significant trees and vegetation, particularly near the street frontage.

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Setbacks

C14 Setbacks are to be in accordance with the Table 4.

Table 4 - Setbacks in Area 2

Boundary Landscaping Setback Building Setback

Front 3m Merit (Min 6m and 9m for large lots)

Side 1m to 1.5m 1m to 1.5m

Side – adjoining a Residential Use

3m 3m

Rear Nil to 3m Nil to 3m

Rear * - adjoining a Residential Use

3 m 3m

Parking and Vehicular Access

C15 For delivery vehicle access/manoeuvring on narrow and small lots in the area, car parking may be provided within the front setback in order to allow such vehicles to enter and leave in a forward direction (refer to Figure 11) provided minimum landscape requirements are met (refer to Table 4).

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Figure 11 - Vehicle Access and Manoeuvring within Area 2

Storage Areas

C16 Any open storage areas shall be effectively screened and shall harmonise with existing or proposed landscaping to prevent the storage area being viewed from a public road, nearby public reserve or adjoining residential property. Specific details of the materials to be stored external to the building shall be lodged with the Application.

C17 Storage areas are not permitted to be located within the landscaped setbacks or areas.

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Landscaping

C18 A Landscape Zone is to be provided adjacent to the front property boundary of no less than 3

metres in width (refer to Table 4). The zone is to accommodate canopy trees to screen and soften buildings and to shade parking areas, underplanted with screen planting/hedging up to 1.2 metres in height (refer to Figure 12). These areas are to be mass planted areas of screen or buffer landscaping using a layered planting design (refer to Part 3L - Landscaping and Council’s Landscaping Technical Guidelines for Development Sites).

C19 Existing trees, including Council street trees and trees on neighbouring properties, are to be

retained and adequate provision allowed for protection of the primary root zone and canopy when locating new buildings, driveways and parking areas (refer to Part 3F - Tree Management).

C20 The side boundary returns within the front setback and forward of the building alignment must be landscaped (refer to Table 4) to integrate the setback landscaping with the buildings on the site.

C21 For existing and new buildings, Council may require landscape improvement or enhancement of existing landscaping or the public domain through provision of:

(i) Street trees; (ii) Planter tubs/pots; (iii) New paving; (iv) Street furniture; (v) A specific streetscape planting scheme; (vi) Maintenance of the existing streetscape, and (vii) Reinstatement of landscaping on site in accordance with a previously approved landscape

plan.

C22 For development adjoining the residential uses at the rear or side of a property, landscaping and car parking are to provide a buffer to achieve a high level of amenity.

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Figure 12 - Treatment within the Landscape Zone

Source: Botany South Industry Study, Architectus, 2003

Fences

C23 If fences are required they shall be not higher than Table 5.

Table 5 - Fence Height in Area 2

Use Fence Height

Residential 1 m

Non- Residential

1.5m (over 50% must be transparent)

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Dwelling Component

C24 The residential component of development must comply with the relevant sections of Part 4 -

Residential Development. Note: Part 4B.5.1 - Dwelling Mix, Room Size and Layout for Multi Dwelling Housing and Part 4C.5.1 - Dwelling Mix, Room Size and Layout for Residential Flat Buildings.

Mixed Use Development

C25 The ground floor level of a mixed use development that relates to the active street frontage must

be predominantly used for commercial uses or other street activating uses.

C26 A Plan of Management (POM) may be required when an non-residential uses proposed within a mixed used development or in proximity of a residential land use. The Plan of Management (POM) is a written report which describes how the ongoing operation of industrial premises will be managed to reduce its impact upon the amenity of surrounding properties. The POM allows Council to exercise control over the ongoing operation of a premises by requiring, as a condition of consent, that the premises operate in accordance with the POM. A condition of consent may require that a POM be regularly revised and submitted to Council. The POM must provide all details relevant to the operation of the premises. As a minimum the following must be included:

(i) Title; (ii) Objectives; (iii) Operational details; (iv) Hours of operation; (v) Staffing details; (vi) Guidelines for staff for using the site facilities and equipments; (vii) Deliveries and loading/unloading; (viii) Managing customers or patrons; (ix) Security details; (x) Noise Impact Assessment; (xi) Shadow Analysis; (xii) Complaint recording and handling process; and (xiii) The review process to continuously improve the POM.

C27 The traffic movements, hours of deliveries, use of parking areas and garbage collection must be

managed through the POM where non-residential uses are close to residential premises. Where significant amounts of traffic are likely to be generated which could affect residential areas or residential zoned land, schedules of vehicle movements and their routes must be provided and may be regulated in conditions of consent.

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C28 Loading and unloading must not to detract from the amenity of nearby residential uses. Where loading and unloading movements are likely to affect residential areas or residentially zoned land, schedules of vehicle movements and their routes must be provided in the POM and may be regulated through conditions of consent.

C29 New development is to be designed so that noise-producing activity is remote from the interface boundary. New manoeuvring areas and parking areas facing existing residential areas are not permitted due to noise resulting from such activities.

C30 Site lighting for building security and staff safety must be directed so as to not cause annoyance to neighbours, residents or glare to passing motorists.

C31 Walls of buildings adjacent to residential uses are to make use of non-reflective colours and materials to avoid glare on residential areas (especially balconies). The walls are to be treated to aesthetically as well as acoustically. Window placement and/or tall trees should be considered as ways to protect privacy, reduce noise and light pollution.

C32 Where a site contains or adjoins a residential use or property, Council shall require the applicant to provide shadow diagrams prepared by a suitably qualified person. These shadow diagrams shall:

(i) Show the shading effects of a proposal on adjoining residential properties or the public

domain; (ii) Be based on a survey of the site and adjoining development; and (iii) Be prepared at 9.00 a.m, 12.00 noon and 3.00 p.m. at 21st June (winter solstice).

C33 Where the windows of habitable rooms and the private open space of adjoining dwellings already receive sunlight, they shall receive a minimum of 2 hours of sunlight between 9.00 a.m. and 3.00 p.m. during 21st June. Note: Council will refer a contentious Development Application or one that involves an extension to the trading hours of a licensed premises to a Resident Consultative Committee or where there have been a significant number of objections received as a result of exhibition and/or notification of the Application. Both the Applicant and the Objectors will be invited to attend. The purpose of the Committee is to address the issues raised by residents in an open forum.

C34 Any commercial car parking must be conveniently located and identified.

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9B.4.1.3 Area 3 - Aylesbury Street Area 3 - Aylesbury Street is at the northern tip of the Botany South Precinct. Area 3 will be encouraged to develop into a residential area which will include low scale live/work opportunites. The Objectives and Controls for the Desired Future Character for Botany South Precinct: B4 Zone - Area 3 are as follows:

Objectives

O1 To encourage residential development that co-exists and provides a transition from non-residential uses to low scale residential and provides a safe and livable environment;

O2 To encourage live/work opportunites which will emit low level of noise and minimises operating hours;


O4 To ensure there is no land use conflicts on the interface between the non-residential and residential uses;

O5 To ensure that future development contributes to the creation of a high quality landscape

environment in the Precinct;


O7 To ensure proposed development is designed to minimise the impact of noise and vibration from uses with the B7 zone;

O8 To promote and encourage a high design quality of buildings; and

O9 To ensure the drainage of the Precinct is not detrimentally impacted and property is protected.

Controls

C1 Development in this area is to be for residential purposes. Live/work opportunities are encouraged that can co-exist with residential uses.

C2 Development must comply with Part 4 - Residential Development.

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C3 Where development adjoins or is adjacent to residential uses the development must not detrimentally affect the amenity of residential uses by way of:

(i) Scale and size; (ii) Floorspace ratio; (iii) The size and number of vehicle movements; (iv) Noise; (v) Air and water pollution; and (vi) Any other negative environmental impact.

C4 Residential development shall be designed and demonstrate that it will not be detrimentally impacted by any non-residential uses in the adjoining B7 Zone.

C5 Development shall be designed and constructed in accordance with Australian Standard AS 2021 (Acoustic Aircraft Noise Intrusion-Building siting and Construction). Note: Details to be included in the Development Application. For further details in relation to Aircraft Noise refer to Part 3J - Development Affecting Operations at Sydney Airport.


C7 All development that is in, or immediately adjacent to, the rail corridor or a busy road must be designed in accordance with NSW Department of Planning ‘Development Near Rail Corridors and Busy Roads - Interim Guidelines, December 2008’.










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C9 A Plan of Management (POM) may be required when an non-residential uses proposed within a

mixed used development or in proximity of a residential land use. The Plan of Management (POM) is a written report which describes how the ongoing operation of industrial premises will be managed to reduce its impact upon the amenity of surrounding properties. The POM allows Council to exercise control over the ongoing operation of a premises by requiring, as a condition of consent, that the premises operate in accordance with the POM. A condition of consent may require that a POM be regularly revised and submitted to Council. The POM must provide all details relevant to the operation of the premises. As a minimum the following must be included:

(i) Title; (ii) Objectives; (iii) Operational details; (iv) Hours of operation; (v) Staffing details; (vi) Guidelines for staff for using the site facilities and equipments; (vii) Deliveries and loading/unloading; (viii) Managing customers or patrons; (ix) Security details; (x) Noise Impact Assessment (xi) Shadow Analysis (xii) Complaint recording and handling process; and (xiii) The review process to continuously improve the POM.

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